HomeMy WebLinkAboutA-12004, Mahar Good Medicine Way annexation_Part1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Director
SUBJECT: A-12004, Mahar Good Medicine Way annexation
MEETING DATE: June 11, 2012
AGENDA ITEM TYPE: Action (Legislative).
RECOMMENDATION: Approve annexation request A-12004 and direct Staff to prepare an
annexation agreement with the terms outlined on pages 2 and 3 of the staff report.
RECOMMENDED MOTION: Having heard and considered public testimony, the application
materials, and the staff analysis I move to approve annexation request A-12004 and direct Staff
to prepare an annexation agreement with the terms outlined on pages 2 and 3 of the staff report.
BACKGROUND: An application was received on April 4, 2012 requesting the City to annex
5.01 acres. The subject property is located at 3601 Good Medicine Way. The parcel is legally
described as Tract 4A, Minor Subdivision 35C, located in the NE ¼ of S. 25, T. 2S., R. 5E.,
Gallatin County. The property is situated between Good Medicine Way and South 3rd Avenue.
The property is within the service area for the City’s utilities and is adjacent to the City.
The Development Review Committee considered the application and on May 2, 2012
recommended annexation of the property subject to several terms. Terms of annexation are
presented on pages 2 and 3 of the staff report.
UNRESOLVED ISSUES: None
ALTERNATIVES: 1) Approve the annexation as requested.
2) Decline the annexation request
3) Approve the annexation with alterations to the terms of annexation.
4) Other as identified by the City Commission.
FISCAL EFFECTS: Upon annexation and rezoning to the proposed R-1 zoning designation,
this 5.0101 acres will be capped” at 15,000 sq. ft. for the purposes of street and tree assessments.
At $0.1395 for streets, that cap is $209.25 for the year. Trees, at $0.00225 is $33.75/year. At the
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time the property is subdivided or developed, assessments will be based on each lot or number of
units.
Attachments: Staff report
Vicinity maps
Application materials
Public comment
Report compiled on: May 30, 2012
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#A-12004 Mahar Good Medicine Way Annexation Staff Report 1
City Commission Staff Report for the Mahar Good Medicine Way Annexation - File #A-12004
Item: Annexation #A-12004, an application requesting annexation of 5.01 acres
located at 3601 Good Medicine Way.
Applicant/Owner: Mahar Montana Homes
1627 W. Main Street, Ste 370
Bozeman MT 59718
Representative: C&H Engineering
1091 Stoneridge Drive
Bozeman, MT 59718
Date: Bozeman City Commission on Monday, June 11, 2012 at 6:00 PM in the
Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana
Report By: Chris Saunders, Assistant Director
Recommendation: Approval with Terms of Annexation
______________________________________________________________________________
Project Location
The subject property is located at 3601 Good Medicine Way. The 5.01 acres is legally described as Tract
4A, Minor Subdivision 35C, located in the NE ¼ of S. 25, T. 2S., R. 5E., Gallatin County. Please refer
to the vicinity map below.
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#A-12004 Good Medicine Way Annexation Staff Report 2
Proposal
The property owner and applicant, Mahar Montana Homes, represented by C&H Engineering, proposes
to annex the 5.01 acre subject property to the corporate limits of the City of Bozeman and establish an
initial municipal zoning designation of R-1 (Residential Single Household Low-Density District). The
purpose of the annexation and zone map amendment request is to obtain municipal infrastructure and
services in order to develop the property for residential purposes as outlined in the Bozeman Community
Plan. The zoning is being reviewed as application Z-12068. The underlying land use designation for the
property is “Suburban Residential”. The property is currently vacant.
Recommended Terms of Annexation
Should the City Commission choose to accept the request for annexation, the Development Review
Committee (DRC) recommends the following terms of annexation be addressed prior to authorizing the
City Manager’s signature on the Annexation Agreement and formal annexation:
Recommended Terms of Annexation:
1. That the documents and exhibits to formally annex the subject property shall be identified as the
“Mahar Good Medicine Way Annexation”.
2. An Annexation Map, titled “Mahar Good Medicine Way Annexation Map” with a legal
description of the property which includes the adjoining unannexed rights-of-way and/or street
access easements for South 3rd
Avenue and Good Medicine Way shall be submitted by the
applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City
records (18" by 24"), a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation
Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s Office.
This map must be acceptable to the Director of Public Services and City Engineer’s Office, and
shall be submitted with the signed Annexation Agreement.
3. The land owners and their successors shall pay all fire, street, water and sewer impact fees at the
time of connection; and for future development, as required by Chapter 2, Bozeman Municipal
Code, or as amended at the time of application for any permit listed therein.
4. That the applicant execute at the Gallatin County Clerk & Recorder’s Office a waiver of right-to-
protest creation of S.I.D.’s for a City-wide Park Maintenance District, which would provide a
mechanism for the fair and equitable assessment of maintenance costs for City parks as part of
the Annexation Agreement.
5. The land owner shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs for the following:
a. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities
for the following streets:
i. South 3rd Avenue
ii. Good Medicine Way
iii. Blackwood Road
iv. Goldenstein Lane
b. Signalization Improvements for the following intersections:
i. South 3rd Avenue/Graf Street
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ii. South 3rd Avenue/Blackwood Road
iii. South 3rd Avenue/Goldenstein Lane
c. Trunk Sewer and Water mains to serve the property.
d. The documents filed shall specify that in the event an S.I.D. is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development or a combination thereof.
6. The owner shall provide a public street and utility easement for South 3rd Avenue. The easement
shall be of adequate width to complete the eastern 45 feet width from the centerline which is half
of the collector standard as shown in the Greater Bozeman Area Transportation Plan.
7. Water rights sufficient to supply the annual water demand for the developed property, or
payment of cash-in-lieu thereof, as determined by the Director of Public Services, shall be
provided. This provision may be deferred until the time of future development for parcels over
10 acres. This includes, but is not necessarily limited to, development achieved by subdivision,
site plan, or building permit.
8. Upon annexation and rezoning to the proposed R-1 zoning designation, this 5.0101 acres will be
“capped” at 15,000 sq. ft. for the purposes of street and tree assessments. At $0.1395 for streets,
that cap is $209.25 for the year. Trees, at $0.00225 are $33.75/year. At the time the property is
subdivided or developed, assessments will be based on each lot or number of units.
9. That the applicant executes all contingencies and terms of said Annexation Agreement with the
City of Bozeman within 60 days of the receipt of the annexation agreement, or annexation
approval shall be null and void.
Zoning Designation & Land Uses
The following existing land uses and zoning are adjacent to the subject property:
North: Unannexed County Land – Designated “Suburban Residential” on the City of Bozeman
Future Land Use Map; presently zoned Residential Suburban in the County and developed as
single detached homes. North across Wagonwheel is annexed property planned for Residential
and developed as R-1, Single Household Low-Density District with single detached homes.
South: Residential; Zoned RS, Residential Suburban, annexed property planned for Residential
and used as open space and for B-1 commercial uses as given special approval through the
Sundance Springs PUD.
East: Unannexed County Land – Designated “Residential” on the City of Bozeman Future Land
Use Map; presently zoned as Residential Suburban in the County and developed as single
detached homes; and annexed property planned for Residential and developed as RS, Residential
Suburban District, used as open space.
West: Unannexed County Land – Designated “Residential” on the City of Bozeman Future Land
Use Map; presently zoned Agricultural Suburban in the County and used as a sod farm.
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Adopted Growth Policy Designation
The subject property is recognized as “Suburban Residential” on Figure 3-1 Future Land Use Map of the
Bozeman Community Plan. The Suburban Residential land use designation of the Bozeman Community
Plan indicates that:
“This category indicates locations generally outside of City limits, but within the planning area,
where a land development pattern has already been set by rural subdivisions. Subdivisions in
this area are generally characterized by lots two acres in size or less. It is probable that portions
of this area may be proposed for annexation within the next twenty years. The area is able to be
served with municipal water and sewer services with appropriate extensions of main lines. Any
further development within this area should be clustered to preserve functional open space.
Individual septic and well services are discouraged. If development is proposed within
reasonable access distances to waste water and water services, annexation to the City should be
completed prior to development.”
The property is well within the service area for municipal services. The property is proposed for future
development although no design has been submitted at this point. Therefore, in accordance with the last
sentence of the description the property is proposed to be annexed.
Agency Review
The Planning Department requested written summary-review comments from the Bozeman
Development Review Committee (DRC) and other applicable review agencies regarding the request for
annexation. Comments received as of the writing of this Staff Report have been outlined within this
report according to the goals and policies of City Commission Resolution No. 3907. Additional
comments and/or recommendations received prior to consideration of this request for annexation will be
forwarded to the Commission as received.
Public Comment
The Department of Planning and Community Development has received written public testimony
regarding the annexation. Most of the public comment has been received regarding the zoning of the
subject property and those issues are properly addressed under that agenda item and those packet
materials. Any additional written comments received by the Planning Office specific to the annexation
will be forwarded to the City Commission prior to or at the public hearing. Public comment is attached
to this report.
Review Criteria & Findings
Resolution No. 3907 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to
the City.
The property in question is contiguous to the City limits on its east and south boundaries.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without
regard to parcel size.
The subject property is not completely surrounded by the exterior boundaries of the City.
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Goal 3: The City shall seek to annex all property currently contracting with the City for services
such as water, sanitary sewer and/or fire protection.
The subject property is not currently contracting with the City for any services. The property is presently
vacant.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land proposed for
development lying within the service boundary of the existing sewer system as depicted in the
Bozeman Growth Policy, and to encourage annexations within the urban growth area identified in
the Bozeman Growth Policy.
The subject property lies within the 20-year sewer service boundary as depicted in the adopted 2007
Bozeman Wastewater Facilities Plan. The property is adjacent to municipal boundaries and has two
sewer mains within proximity of 280-600 feet. As described above under the growth policy note the
property should be annexed before development.
Resolution No. 3907 Policies
Policy 1: Annexations shall include dedication of all easements, rights-of-way for collector and
arterial streets, water rights, and waivers of right-to-protest against the creation of improvement
districts necessary to provide the essential services for future development of the city.
The Recommended Terms of Annexation include requirements for waivers of right-to-protest against the
creation of improvement districts for park maintenance and street improvements (Recommended Terms
of Annexation #4 & #5). The annexation agreement would also require the dedication of street and
utility easements for South 3rd Avenue (Recommended Term of Annexation #6). South 3rd is a
designated collector street in the long range transportation plan.
Water rights are discussed under Policy Item No. 5 later in this report.
Policy 2: Issues pertaining to master planning and zoning shall be addressed in conjunction with
the application for annexation.
a. The initial application for annexation shall be in conformance with the current Bozeman
Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses,
said amendment process may be initiated by the applicant and conducted concurrently with the
processing for annexation.
The property is designated “Suburban Residential” within the Bozeman Community Plan. This
annexation, and the applicant’s proposed R-1 zoning (#Z-12068), would be in compliance with this
designation in accordance with Table C-16 of the Bozeman Community Plan. If the Commission
concluded that the R-1 zoning should not be approved and instead approved an R-S designation this
policy would still be met. A decision on the zoning designation will be evaluated separately.
b. Initial zoning classifications of the property to be annexed shall be determined by the City
Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the
City Zoning Commission, prior to final annexation approval.
The applicant has applied for a Zone Map Amendment (#Z-12068) to establish an initial municipal
zoning designation of R-1 (Residential Single Household Low Density District) on the 5.01 acres. The
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Zoning Commission held a public hearing on the Zone Map Amendment application on May 15, 2012,
and a motion to recommend approval of the requested R-1 district failed 1-2. (The zone map
amendment and the Zoning Commission’s recommendation are addressed under that respective action
item and packet materials for application #Z-12068).
c. The applicant may indicate his or her preferred zoning classification as part of the annexation
application.
The applicant/owner has indicated that they prefer a zoning designation of R-1 (Residential Single
Household Low Density District) and that item is addressed under that respective agenda item and
packet materials.
Policy 3: Fees for Annexation procedures shall be established by the City Commission. No fee
will be charged for any City-initiated annexation.
The appropriate application processing and review fees accompanied the application.
Policy 4: It shall be the general policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the property.
This property has frontage along South 3rd Avenue and Good Medicine Way. Both of these streets are
developed and paved to a county standard at this time. Access locations will be determined during
review of a future development proposal.
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire
usable water rights, or an appropriate fee in lieu thereof, equal to the average annual diversion
requirement necessary to provide the anticipated average annual consumption of water by
residents and/or users of the property when fully developed on the basis of the zoning
designation(s). The fee may be used to acquire water rights or for improvements to the water
system which would create additional water supply capacity. This policy may be subject to the
following exceptions:
a. For any annexation in excess of ten acres, it shall be carried out prior to final plat approval,
final site plan approval or the issuance of any building permits, whichever occurs first, provided
that the applicant executes a promissory note or other appropriate document acceptable to the
City.
This policy item has now been codified under Section 38.23.180 of the BMC. This section states:
A. Prior to a final approval of all development reviewed as a site plan, conditional use permit,
planned unit development, or subdivision and prior to an annexation of any land, one of the
following must occur:
1. Payment shall be made to the city of a payment-in-lieu of water rights calculated based on the
annual demand for volume of water the development will require multiplied by the most
current annual unit price; or
2. A transfer to the city of ownership of water rights adequate to provide the volume of water the
development will require. A transfer of ownership of water rights must be in a manner
approved by the director of public services.
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B. If adequate water rights or a payment-in-lieu was previously provided to the city for the subject
property, evidence of those rights or payment-in-lieu may be offered to demonstrate compliance
with this section. If the expected demand for water by the proposed development increases by more
than one acre-foot over that for which water rights or payment-in-lieu of water rights were
previously provided, additional water rights or payment-in-lieu of water rights equal to the
difference between the previously provided water rights or payment-in-lieu and the estimated
current demand or payment-in-lieu price shall be provided.
C. Provision of water rights or payment-in-lieu may be deferred by phase for phased developments or
for annexations when the phase or annexation is in excess of ten acres.
D. The city manager may adopt administrative procedures to implement this section. The director of
public services shall adopt standards for the calculation of demand for water use. The city
commission shall establish the unit cost for payment-in-lieu by resolution.
E. The amount paid for a payment-in-lieu shall be calculated using the per unit price in effect on the
date the payment-in-lieu of water rights is to be made to the city.
The parcel size is less than 10 acres. Water rights or a fee in lieu will be provided in conjunction
with the signed annexation agreement.
Policy 6: Infrastructure and emergency services for an area proposed for annexation will be
reviewed for the health, safety and welfare of the public. If it is found that adequate services
cannot be provided to ensure public health, safety and welfare, it shall be the general policy of the
City to require the applicant to provide a written plan for accommodations of these services, or
not approve the annexation. Additionally, annexation proposals that would use up infrastructure
capacity already reserved for properties lying either within undeveloped portions of the City
limits or lying outside the City limits but within the identified sewer or water service area
boundaries, shall generally not apply.
When the property has been annexed it will be provided with municipal services. Average police
response times to the Sundance Springs area for in-progress emergency calls is less than 8 minutes.
Water mains currently exist along the South 3rd Avenue right-of-way which can be readily tapped to
provide fire hydrants a supply of water. Water rights will be provided as part of the annexation to
enable delivery of water. The City is presently expanding its water and sewer treatment plants to enable
services to be delivered to additional development. These will be completed shortly and will be able to
meet demand from this site.
The City has acquired land to construct a fourth fire station at the intersection of S.19th Avenue and Graf
Street. Construction of the station is not yet scheduled. Signal pre-emption has been installed on all
traffic signals to enable the fire engine to have a green light and S. 19th Avenue was recently widened to
five lanes from Babcock to Kagy which provides a faster response time. A drive test from the subject
site to Station 2 by staff showed a travel time slightly under 6.5 minutes. The City presently provides
fire/EMS service to the Sundance Springs subdivision which is adjacent to this property and to the
annexed developments to the north.
The Insurance Service Office’s Public Protection Classification program evaluates communities
according to a uniform set of criteria defined in the Fire Suppression Rating Schedule (FSRS). These
criteria incorporate nationally recognized standards developed by the National Fire Protection
Association and the American Water Works Association.
Utilizing the FSRS, ISO objectively reviews the fire suppression capabilities of a community and
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assigns a Public Protection Classification- a number from 1 – 10. Class 1 represents exemplary fire
protection, and Class 10 indicates that the area’s fire suppression program does not meet minimum
recognition criteria. The ISO rating for Bozeman is 3. The ISO rating for the Sourdough Fire District
which presently provides service to the property prior to annexation is a 4. These ratings are independent
of the zoning district on a parcel.
The applicants should be made aware that at the time of any further development on the property, the
land owners and their successors shall pay all additional impact fees. At such time that any site plan or
further development proposal is considered by the City, the extension of services will be determined in
detail based upon the type of development being reviewed by the advisory and decision-making bodies.
Responsibility for the extension of services lies with the landowners and successors.
The DRC considered the annexation request and did not identify any significant impacts to the City’s
sanitary sewer and water municipal facilities, or transportation system that could not be addressed or
fulfilled by the applicant during any subsequent review for further development of the property
Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services are requested or for which city services are currently
being contracted.
No City services are currently being contracted. With further development of the property, municipal
infrastructure will be requested and extended into the site.
Policy 8: The annexation application shall be accompanied by mapping to meet the requirements
of the Director of Public Service.
Mapping to meet the requirements of the Director of Public Service must be provided with the
Annexation Agreement. Typically, this includes an 18-inch x 24-inch mylar map, a reduced 8½-inch by
11 or 14-inch annexation map exhibit, and a digital copy containing the metes and bounds legal
description of said property. (Mapping requirements are addressed in Recommended Term of
Annexation #2).
Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact fee in
accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal Code (Impact Fees), and in
accordance with the Bozeman Growth Policy and other policies as they are developed.
At the time of any development on the propert y, the land owner or their successors shall pay all impact
fees required by Chpt. 2, Art. 6, Div. 9 BMC. No impact fees are due at this time as the property is
vacant. After annexation the property will be subject to Chapter 2, Article 6, Division 9 which
establishes the impact fees for future development.
Policy 10: Public notice requirements shall be in compliance with Montana Code Annotated. In
addition, notice shall be posted in at least one conspicuous location on the site in question, and
mailed to all owners of real property of record within 200 feet of the site in question using the last
declared county real estate tax records, not more than 45 days nor less than 15 days prior to the
scheduled action to approve or deny the annexation by the City Commission, specifying the date,
time and place the annexation will be considered by the City Commission. The notice shall
contain the materials specified by Section 38.40.020.A, BMC. In addition, where a commonly
identifiable street address is not visible on the property to be annexed, the notice shall provide a
map of the area in question so as to indicate its general location and proximity to surrounding
properties.
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Notices of the public hearing have been sent and also posted along Good Medicine Way in front of the
property as set forth under this policy.
Policy 11: Annexation agreements shall be executed and returned to the City within 60 days of
distribution of the annexation agreement, unless another time period is specifically identified by
the City Commission.
This policy item is specified in Recommended Term of Annexation #9.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
Summary and Conclusion
Staff, the DRC and other local review agencies have reviewed the request for annexation and have
provided the above comments as they relate to the Goals and Policies set forth in Commission
Resolution No. 3907. Should the City Commission choose to proceed with the request for annexation,
staff recommends that the terms of annexation listed in this Staff Report be addressed prior to
acknowledging the Annexation Agreement and formal annexation of said property.
Attachments: Applicant’s Submittal Materials
Vicinity maps packet
Public comment
Report Sent to: Mahar Montana Homes, 1627 W. Main Street, Ste 370, Bozeman MT 59718
C&H Engineering, 1091 Stoneridge Drive , Bozeman, MT 59718
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Legend
Subject Parcel
City LimitsCommunity Plan Future Land Use
Residential
Residential Emphasis Mixed Use
Suburban Residential
Regional Commercial and Services
Community Core
Community Commercial Mixed Use
Business Park Mixed Use
Industrial
Public Institutions
Parks, Open Space and Recreational Lands
Other Public Lands
Golf Course
Present Rural
This map was created by theCity of BozemanDepartment of Planningand Community Development
¯
1 inch = 833 feet
Intended for Planning purposes onlysome layers may not line up properly.
Growth PolicyFig. 3-1Detail
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Legend
Subject Parcel
City LimitsCommunity Plan Future Land Use
Residential
Residential Emphasis Mixed Use
Suburban Residential
Regional Commercial and Services
Community Core
Community Commercial Mixed Use
Business Park Mixed Use
Industrial
Public Institutions
Parks, Open Space and Recreational Lands
Other Public Lands
Golf Course
Present Rural
This map was created by theCity of BozemanDepartment of Planningand Community Development
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1 inch = 300 feet
Intended for Planning purposes onlysome layers may not line up properly.
Growth PolicyFig. 3-1Detail
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Legend
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City Limits
City Limits (1/1/11)Land Use (1/1/11)
Mixed Use
Restaurant\Bar
Commercial Retail Sales, Services, Banks
Hotel\Motel
Commercial Auto
Administrative\Professional
Light Manufacturing
Golf Course
Park or Open Space
Conservation Easement
Church
Public Facility
School\Educational Facility
Single-Household Residential
Duplex\Triplex Residential
Multi-Household Residential
Mobile Home\Mobile Park
Right-of-Way
Undeveloped
Vacant
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Intended for Planning purposes onlysome layers may not line up properly.
Adjacentland use
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Legend
Subject Parcel
City Limits
Sewer Collection System (current)
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Intended for Planning purposes onlysome layers may not line up properly.
Existing Sewer Mains
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Legend
Subject Parcel
City Limits
Water Distribution System (current)
This map was created by theCity of BozemanDepartment of Planningand Community Development
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Intended for Planning purposes onlysome layers may not line up properly.
Existing WaterMains
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Legend
Principal Arterial
Minor Arterial
Collector
Principal Arterial
Minor Arterial
Collector
Subject Parcel
City Limits This map was created by theCity of BozemanDepartment of Planningand Community Development
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Intended for Planning purposes onlysome layers may not line up properly.
Present andFutureMajor StreetNetwork
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S 3RD AVE GOLDENSTEIN LN
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Parks
Open Space
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Parks,Open Space,Trails
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Legend
Subject Parcel
City Limits
Streams
Lakes
GLWQD Wetlands
GLWQD Riparian Areas
NRCS Artificial Wetlands
NRCS Natural Wetlands
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Water Features andAnticipated Wetlands
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Legend
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City Limits
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Topography
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file:///R|/PROJECTS/Current%20Planning/ANNX.ZMA.GPA.ZCA.BM...TION%20FOR%203601%20Good%20Medicine%20Way%20-%20Klewin.txt
From: Klewin [dp2klewin@bresnan.net]
Sent: Monday, May 14, 2012 8:15 AM
To: Chris Saunders
Cc: thasting@bozeman.net; Chris Kukulski
Subject: ANNEXATION AND R1 ZONING APPLICATION FOR 3601 Good Medicine
Way
Mahar Montana Homes is requesting annexation and R1 zoning classification to a property which is
sitting in the middle of, and adjacent to, vast acreage of RS zoning. Sourdough Creek Properties
Subdivision & Sundance Springs Subdivision with its parklands, walking paths, wetlands and creek
which abuts this property and the agricultural land use classifications beyond the subject's borders to the
south and west across South 3rd and Goldenstein all provide a proper density, a vista, and a compact
with both the county and the city which hundreds of citizens bought into-some up to 35 years ago.
I am not opposed to annexation and development of this property. But this property, given its immediate
and confining location, within the midst of parkland, water sources, and neighborhoods with homes on 1
acre, or in the case of Sundance, a PUD development, cannot, in good faith, be allowed to be
developed with more than 4 homes at most.
R1 classification is not consistent with this properties' neighborhood nor the City's masterplan. A
developer builds and leaves...neighbors and neighborhoods remain. Please support our neighborhood.
Thank you.
Denny/Pat Klewin
3251 Wagonwheel Rd.
(Resident for 27 years)
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From: Layton, Dr. Bill [blayton@mt.gov]
Sent: Monday, May 14, 2012 9:19 AM
To: Chris Saunders
Cc: Tara L. Hastie
Dear Mr. Saunders and Ms. Hastie:
I have recently been made aware of an R1 zoning request change for Lot 4A of Minor
Subdivision 35 between South Third Street and Good Medicine Way. I am not opposed to
annexation or RS zoning but R1 zoning is not appropriate for this lot. This area is surrounded by
county and city RS type zoning and across the street is agricultural land. High density housing
for these five acres will compromise the pedestrian and trail use that was encouraged and
incorporated in the surrounding subdivisions and the integrity of the adjacent neighborhoods.
Twenty five to thirty new homes on this lot will have unacceptable major traffic impacts on the
neighbors who live on or adjacent to Good Medicine Way.
The property was bought prior to the housing market collapse with the intention of three to
four large homes however, profitability for the developer forces the need to request a higher
density residential zoning. We all have taken a hit on our home values and we will have to wait
and hope that our home values are regained. The developer wants to lessen his market losses
on this speculative investment at the expense and daily inconvenience of long standing
neighborhood owners.
Susan Swimley represents the homeowners and we support her’s and the neighbor’s testimony
before the Zoning Board on April 15, 2012 opposing the granting of R1 zoning for this lot.
Thank you.
Arthur W. and Elizabeth Layton
3638 Fieldstone Dr West
Bozeman, MT
406-586-0239
blayton@mt.gov
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file:///R|/PROJECTS/Current%20Planning/ANNX.ZMA.GPA.ZCA.BMC...edicine%20Way%20-%20Zone%20Map%20Amendment%20%23Z-12068.txt
From: John Mills [jammer.mills@gmail.com]
Sent: Tuesday, May 15, 2012 4:46 PM
To: Chris Saunders; Tim Cooper; Greg Sullivan
Cc: swimley@swimleylaw.com; studer@bresnan.net
Subject: URGENT - PLS READ: Mahar Good Medicine Way - Zone Map
Amendment #Z-12068
To Tara Hastie and Others with the Bozeman Zoning Commission,
My wife Susan and I live at 418 Peace Pipe Drive in Sundance Springs. We are out of town and
are unable to attend the Zoning Commission Meeting this evening regarding the subject Zone
Map Amendment application.
We want the Zoning Commissions to know we do not support the Developer's request for this
amendment.
Sincerely,
John & Susan Mills
--
John Mills
Home 406-587-6379
Cell 406-599-4190
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#A-12004 Mahar Good Medicine Way Annexation Staff Report 1
City Commission Staff Report for the Mahar Good Medicine Way Annexation - File #A-12004
Item: Annexation #A-12004, an application requesting annexation of 5.01 acres
located at 3601 Good Medicine Way.
Applicant/Owner: Mahar Montana Homes
1627 W. Main Street, Ste 370
Bozeman MT 59718
Representative: C&H Engineering
1091 Stoneridge Drive
Bozeman, MT 59718
Date: Bozeman City Commission on Monday, June 11, 2012 at 6:00 PM in the
Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana
Report By: Chris Saunders, Assistant Director
Recommendation: Approval with Terms of Annexation
______________________________________________________________________________
Project Location
The subject property is located at 3601 Good Medicine Way. The 5.01 acres is legally described as Tract
4A, Minor Subdivision 35C, located in the NE ¼ of S. 25, T. 2S., R. 5E., Gallatin County. Please refer
to the vicinity map below.
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#A-12004 Good Medicine Way Annexation Staff Report 2
Proposal
The property owner and applicant, Mahar Montana Homes, represented by C&H Engineering, proposes
to annex the 5.01 acre subject property to the corporate limits of the City of Bozeman and establish an
initial municipal zoning designation of R-1 (Residential Single Household Low-Density District). The
purpose of the annexation and zone map amendment request is to obtain municipal infrastructure and
services in order to develop the property for residential purposes as outlined in the Bozeman Community
Plan. The zoning is being reviewed as application Z-12068. The underlying land use designation for the
property is “Suburban Residential”. The property is currently vacant.
Recommended Terms of Annexation
Should the City Commission choose to accept the request for annexation, the Development Review
Committee (DRC) recommends the following terms of annexation be addressed prior to authorizing the
City Manager’s signature on the Annexation Agreement and formal annexation:
Recommended Terms of Annexation:
1. That the documents and exhibits to formally annex the subject property shall be identified as the
“Mahar Good Medicine Way Annexation”.
2. An Annexation Map, titled “Mahar Good Medicine Way Annexation Map” with a legal
description of the property which includes the adjoining unannexed rights-of-way and/or street
access easements for South 3rd
Avenue and Good Medicine Way shall be submitted by the
applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City
records (18" by 24"), a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation
Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s Office.
This map must be acceptable to the Director of Public Services and City Engineer’s Office, and
shall be submitted with the signed Annexation Agreement.
3. The land owners and their successors shall pay all fire, street, water and sewer impact fees at the
time of connection; and for future development, as required by Chapter 2, Bozeman Municipal
Code, or as amended at the time of application for any permit listed therein.
4. That the applicant execute at the Gallatin County Clerk & Recorder’s Office a waiver of right-to-
protest creation of S.I.D.’s for a City-wide Park Maintenance District, which would provide a
mechanism for the fair and equitable assessment of maintenance costs for City parks as part of
the Annexation Agreement.
5. The land owner shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs for the following:
a. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities
for the following streets:
i. South 3rd Avenue
ii. Good Medicine Way
iii. Blackwood Road
iv. Goldenstein Lane
b. Signalization Improvements for the following intersections:
i. South 3rd Avenue/Graf Street
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#A-12004 Good Medicine Way Annexation Staff Report 3
ii. South 3rd Avenue/Blackwood Road
iii. South 3rd Avenue/Goldenstein Lane
c. Trunk Sewer and Water mains to serve the property.
d. The documents filed shall specify that in the event an S.I.D. is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development or a combination thereof.
6. The owner shall provide a public street and utility easement for South 3rd Avenue. The easement
shall be of adequate width to complete the eastern 45 feet width from the centerline which is half
of the collector standard as shown in the Greater Bozeman Area Transportation Plan.
7. Water rights sufficient to supply the annual water demand for the developed property, or
payment of cash-in-lieu thereof, as determined by the Director of Public Services, shall be
provided. This provision may be deferred until the time of future development for parcels over
10 acres. This includes, but is not necessarily limited to, development achieved by subdivision,
site plan, or building permit.
8. Upon annexation and rezoning to the proposed R-1 zoning designation, this 5.0101 acres will be
“capped” at 15,000 sq. ft. for the purposes of street and tree assessments. At $0.1395 for streets,
that cap is $209.25 for the year. Trees, at $0.00225 are $33.75/year. At the time the property is
subdivided or developed, assessments will be based on each lot or number of units.
9. That the applicant executes all contingencies and terms of said Annexation Agreement with the
City of Bozeman within 60 days of the receipt of the annexation agreement, or annexation
approval shall be null and void.
Zoning Designation & Land Uses
The following existing land uses and zoning are adjacent to the subject property:
North: Unannexed County Land – Designated “Suburban Residential” on the City of Bozeman
Future Land Use Map; presently zoned Residential Suburban in the County and developed as
single detached homes. North across Wagonwheel is annexed property planned for Residential
and developed as R-1, Single Household Low-Density District with single detached homes.
South: Residential; Zoned RS, Residential Suburban, annexed property planned for Residential
and used as open space and for B-1 commercial uses as given special approval through the
Sundance Springs PUD.
East: Unannexed County Land – Designated “Residential” on the City of Bozeman Future Land
Use Map; presently zoned as Residential Suburban in the County and developed as single
detached homes; and annexed property planned for Residential and developed as RS, Residential
Suburban District, used as open space.
West: Unannexed County Land – Designated “Residential” on the City of Bozeman Future Land
Use Map; presently zoned Agricultural Suburban in the County and used as a sod farm.
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#A-12004 Good Medicine Way Annexation Staff Report 4
Adopted Growth Policy Designation
The subject property is recognized as “Suburban Residential” on Figure 3-1 Future Land Use Map of the
Bozeman Community Plan. The Suburban Residential land use designation of the Bozeman Community
Plan indicates that:
“This category indicates locations generally outside of City limits, but within the planning area,
where a land development pattern has already been set by rural subdivisions. Subdivisions in
this area are generally characterized by lots two acres in size or less. It is probable that portions
of this area may be proposed for annexation within the next twenty years. The area is able to be
served with municipal water and sewer services with appropriate extensions of main lines. Any
further development within this area should be clustered to preserve functional open space.
Individual septic and well services are discouraged. If development is proposed within
reasonable access distances to waste water and water services, annexation to the City should be
completed prior to development.”
The property is well within the service area for municipal services. The property is proposed for future
development although no design has been submitted at this point. Therefore, in accordance with the last
sentence of the description the property is proposed to be annexed.
Agency Review
The Planning Department requested written summary-review comments from the Bozeman
Development Review Committee (DRC) and other applicable review agencies regarding the request for
annexation. Comments received as of the writing of this Staff Report have been outlined within this
report according to the goals and policies of City Commission Resolution No. 3907. Additional
comments and/or recommendations received prior to consideration of this request for annexation will be
forwarded to the Commission as received.
Public Comment
The Department of Planning and Community Development has received written public testimony
regarding the annexation. Most of the public comment has been received regarding the zoning of the
subject property and those issues are properly addressed under that agenda item and those packet
materials. Any additional written comments received by the Planning Office specific to the annexation
will be forwarded to the City Commission prior to or at the public hearing. Public comment is attached
to this report.
Review Criteria & Findings
Resolution No. 3907 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to
the City.
The property in question is contiguous to the City limits on its east and south boundaries.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without
regard to parcel size.
The subject property is not completely surrounded by the exterior boundaries of the City.
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#A-12004 Good Medicine Way Annexation Staff Report 5
Goal 3: The City shall seek to annex all property currently contracting with the City for services
such as water, sanitary sewer and/or fire protection.
The subject property is not currently contracting with the City for any services. The property is presently
vacant.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land proposed for
development lying within the service boundary of the existing sewer system as depicted in the
Bozeman Growth Policy, and to encourage annexations within the urban growth area identified in
the Bozeman Growth Policy.
The subject property lies within the 20-year sewer service boundary as depicted in the adopted 2007
Bozeman Wastewater Facilities Plan. The property is adjacent to municipal boundaries and has two
sewer mains within proximity of 280-600 feet. As described above under the growth policy note the
property should be annexed before development.
Resolution No. 3907 Policies
Policy 1: Annexations shall include dedication of all easements, rights-of-way for collector and
arterial streets, water rights, and waivers of right-to-protest against the creation of improvement
districts necessary to provide the essential services for future development of the city.
The Recommended Terms of Annexation include requirements for waivers of right-to-protest against the
creation of improvement districts for park maintenance and street improvements (Recommended Terms
of Annexation #4 & #5). The annexation agreement would also require the dedication of street and
utility easements for South 3rd Avenue (Recommended Term of Annexation #6). South 3rd is a
designated collector street in the long range transportation plan.
Water rights are discussed under Policy Item No. 5 later in this report.
Policy 2: Issues pertaining to master planning and zoning shall be addressed in conjunction with
the application for annexation.
a. The initial application for annexation shall be in conformance with the current Bozeman
Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses,
said amendment process may be initiated by the applicant and conducted concurrently with the
processing for annexation.
The property is designated “Suburban Residential” within the Bozeman Community Plan. This
annexation, and the applicant’s proposed R-1 zoning (#Z-12068), would be in compliance with this
designation in accordance with Table C-16 of the Bozeman Community Plan. If the Commission
concluded that the R-1 zoning should not be approved and instead approved an R-S designation this
policy would still be met. A decision on the zoning designation will be evaluated separately.
b. Initial zoning classifications of the property to be annexed shall be determined by the City
Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the
City Zoning Commission, prior to final annexation approval.
The applicant has applied for a Zone Map Amendment (#Z-12068) to establish an initial municipal
zoning designation of R-1 (Residential Single Household Low Density District) on the 5.01 acres. The
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#A-12004 Good Medicine Way Annexation Staff Report 6
Zoning Commission held a public hearing on the Zone Map Amendment application on May 15, 2012,
and a motion to recommend approval of the requested R-1 district failed 1-2. (The zone map
amendment and the Zoning Commission’s recommendation are addressed under that respective action
item and packet materials for application #Z-12068).
c. The applicant may indicate his or her preferred zoning classification as part of the annexation
application.
The applicant/owner has indicated that they prefer a zoning designation of R-1 (Residential Single
Household Low Density District) and that item is addressed under that respective agenda item and
packet materials.
Policy 3: Fees for Annexation procedures shall be established by the City Commission. No fee
will be charged for any City-initiated annexation.
The appropriate application processing and review fees accompanied the application.
Policy 4: It shall be the general policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the property.
This property has frontage along South 3rd Avenue and Good Medicine Way. Both of these streets are
developed and paved to a county standard at this time. Access locations will be determined during
review of a future development proposal.
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire
usable water rights, or an appropriate fee in lieu thereof, equal to the average annual diversion
requirement necessary to provide the anticipated average annual consumption of water by
residents and/or users of the property when fully developed on the basis of the zoning
designation(s). The fee may be used to acquire water rights or for improvements to the water
system which would create additional water supply capacity. This policy may be subject to the
following exceptions:
a. For any annexation in excess of ten acres, it shall be carried out prior to final plat approval,
final site plan approval or the issuance of any building permits, whichever occurs first, provided
that the applicant executes a promissory note or other appropriate document acceptable to the
City.
This policy item has now been codified under Section 38.23.180 of the BMC. This section states:
A. Prior to a final approval of all development reviewed as a site plan, conditional use permit,
planned unit development, or subdivision and prior to an annexation of any land, one of the
following must occur:
1. Payment shall be made to the city of a payment-in-lieu of water rights calculated based on the
annual demand for volume of water the development will require multiplied by the most
current annual unit price; or
2. A transfer to the city of ownership of water rights adequate to provide the volume of water the
development will require. A transfer of ownership of water rights must be in a manner
approved by the director of public services.
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#A-12004 Good Medicine Way Annexation Staff Report 7
B. If adequate water rights or a payment-in-lieu was previously provided to the city for the subject
property, evidence of those rights or payment-in-lieu may be offered to demonstrate compliance
with this section. If the expected demand for water by the proposed development increases by more
than one acre-foot over that for which water rights or payment-in-lieu of water rights were
previously provided, additional water rights or payment-in-lieu of water rights equal to the
difference between the previously provided water rights or payment-in-lieu and the estimated
current demand or payment-in-lieu price shall be provided.
C. Provision of water rights or payment-in-lieu may be deferred by phase for phased developments or
for annexations when the phase or annexation is in excess of ten acres.
D. The city manager may adopt administrative procedures to implement this section. The director of
public services shall adopt standards for the calculation of demand for water use. The city
commission shall establish the unit cost for payment-in-lieu by resolution.
E. The amount paid for a payment-in-lieu shall be calculated using the per unit price in effect on the
date the payment-in-lieu of water rights is to be made to the city.
The parcel size is less than 10 acres. Water rights or a fee in lieu will be provided in conjunction
with the signed annexation agreement.
Policy 6: Infrastructure and emergency services for an area proposed for annexation will be
reviewed for the health, safety and welfare of the public. If it is found that adequate services
cannot be provided to ensure public health, safety and welfare, it shall be the general policy of the
City to require the applicant to provide a written plan for accommodations of these services, or
not approve the annexation. Additionally, annexation proposals that would use up infrastructure
capacity already reserved for properties lying either within undeveloped portions of the City
limits or lying outside the City limits but within the identified sewer or water service area
boundaries, shall generally not apply.
When the property has been annexed it will be provided with municipal services. Average police
response times to the Sundance Springs area for in-progress emergency calls is less than 8 minutes.
Water mains currently exist along the South 3rd Avenue right-of-way which can be readily tapped to
provide fire hydrants a supply of water. Water rights will be provided as part of the annexation to
enable delivery of water. The City is presently expanding its water and sewer treatment plants to enable
services to be delivered to additional development. These will be completed shortly and will be able to
meet demand from this site.
The City has acquired land to construct a fourth fire station at the intersection of S.19th Avenue and Graf
Street. Construction of the station is not yet scheduled. Signal pre-emption has been installed on all
traffic signals to enable the fire engine to have a green light and S. 19th Avenue was recently widened to
five lanes from Babcock to Kagy which provides a faster response time. A drive test from the subject
site to Station 2 by staff showed a travel time slightly under 6.5 minutes. The City presently provides
fire/EMS service to the Sundance Springs subdivision which is adjacent to this property and to the
annexed developments to the north.
The Insurance Service Office’s Public Protection Classification program evaluates communities
according to a uniform set of criteria defined in the Fire Suppression Rating Schedule (FSRS). These
criteria incorporate nationally recognized standards developed by the National Fire Protection
Association and the American Water Works Association.
Utilizing the FSRS, ISO objectively reviews the fire suppression capabilities of a community and
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#A-12004 Good Medicine Way Annexation Staff Report 8
assigns a Public Protection Classification- a number from 1 – 10. Class 1 represents exemplary fire
protection, and Class 10 indicates that the area’s fire suppression program does not meet minimum
recognition criteria. The ISO rating for Bozeman is 3. The ISO rating for the Sourdough Fire District
which presently provides service to the property prior to annexation is a 4. These ratings are independent
of the zoning district on a parcel.
The applicants should be made aware that at the time of any further development on the property, the
land owners and their successors shall pay all additional impact fees. At such time that any site plan or
further development proposal is considered by the City, the extension of services will be determined in
detail based upon the type of development being reviewed by the advisory and decision-making bodies.
Responsibility for the extension of services lies with the landowners and successors.
The DRC considered the annexation request and did not identify any significant impacts to the City’s
sanitary sewer and water municipal facilities, or transportation system that could not be addressed or
fulfilled by the applicant during any subsequent review for further development of the property
Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services are requested or for which city services are currently
being contracted.
No City services are currently being contracted. With further development of the property, municipal
infrastructure will be requested and extended into the site.
Policy 8: The annexation application shall be accompanied by mapping to meet the requirements
of the Director of Public Service.
Mapping to meet the requirements of the Director of Public Service must be provided with the
Annexation Agreement. Typically, this includes an 18-inch x 24-inch mylar map, a reduced 8½-inch by
11 or 14-inch annexation map exhibit, and a digital copy containing the metes and bounds legal
description of said property. (Mapping requirements are addressed in Recommended Term of
Annexation #2).
Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact fee in
accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal Code (Impact Fees), and in
accordance with the Bozeman Growth Policy and other policies as they are developed.
At the time of any development on the propert y, the land owner or their successors shall pay all impact
fees required by Chpt. 2, Art. 6, Div. 9 BMC. No impact fees are due at this time as the property is
vacant. After annexation the property will be subject to Chapter 2, Article 6, Division 9 which
establishes the impact fees for future development.
Policy 10: Public notice requirements shall be in compliance with Montana Code Annotated. In
addition, notice shall be posted in at least one conspicuous location on the site in question, and
mailed to all owners of real property of record within 200 feet of the site in question using the last
declared county real estate tax records, not more than 45 days nor less than 15 days prior to the
scheduled action to approve or deny the annexation by the City Commission, specifying the date,
time and place the annexation will be considered by the City Commission. The notice shall
contain the materials specified by Section 38.40.020.A, BMC. In addition, where a commonly
identifiable street address is not visible on the property to be annexed, the notice shall provide a
map of the area in question so as to indicate its general location and proximity to surrounding
properties.
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#A-12004 Good Medicine Way Annexation Staff Report 9
Notices of the public hearing have been sent and also posted along Good Medicine Way in front of the
property as set forth under this policy.
Policy 11: Annexation agreements shall be executed and returned to the City within 60 days of
distribution of the annexation agreement, unless another time period is specifically identified by
the City Commission.
This policy item is specified in Recommended Term of Annexation #9.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
Summary and Conclusion
Staff, the DRC and other local review agencies have reviewed the request for annexation and have
provided the above comments as they relate to the Goals and Policies set forth in Commission
Resolution No. 3907. Should the City Commission choose to proceed with the request for annexation,
staff recommends that the terms of annexation listed in this Staff Report be addressed prior to
acknowledging the Annexation Agreement and formal annexation of said property.
Attachments: Applicant’s Submittal Materials
Vicinity maps packet
Public comment
Report Sent to: Mahar Montana Homes, 1627 W. Main Street, Ste 370, Bozeman MT 59718
C&H Engineering, 1091 Stoneridge Drive , Bozeman, MT 59718
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Legend
Subject Parcel
City LimitsCommunity Plan Future Land Use
Residential
Residential Emphasis Mixed Use
Suburban Residential
Regional Commercial and Services
Community Core
Community Commercial Mixed Use
Business Park Mixed Use
Industrial
Public Institutions
Parks, Open Space and Recreational Lands
Other Public Lands
Golf Course
Present Rural
This map was created by theCity of BozemanDepartment of Planningand Community Development
¯
1 inch = 833 feet
Intended for Planning purposes onlysome layers may not line up properly.
Growth PolicyFig. 3-1Detail
267
Legend
Subject Parcel
City LimitsCommunity Plan Future Land Use
Residential
Residential Emphasis Mixed Use
Suburban Residential
Regional Commercial and Services
Community Core
Community Commercial Mixed Use
Business Park Mixed Use
Industrial
Public Institutions
Parks, Open Space and Recreational Lands
Other Public Lands
Golf Course
Present Rural
This map was created by theCity of BozemanDepartment of Planningand Community Development
¯
1 inch = 300 feet
Intended for Planning purposes onlysome layers may not line up properly.
Growth PolicyFig. 3-1Detail
268
Legend
Subject Parcel
City Limits
City Limits (1/1/11)Land Use (1/1/11)
Mixed Use
Restaurant\Bar
Commercial Retail Sales, Services, Banks
Hotel\Motel
Commercial Auto
Administrative\Professional
Light Manufacturing
Golf Course
Park or Open Space
Conservation Easement
Church
Public Facility
School\Educational Facility
Single-Household Residential
Duplex\Triplex Residential
Multi-Household Residential
Mobile Home\Mobile Park
Right-of-Way
Undeveloped
Vacant
This map was created by theCity of BozemanDepartment of Planningand Community Development
¯
1 inch = 833 feet
Intended for Planning purposes onlysome layers may not line up properly.
Adjacentland use
269
Legend
Subject Parcel
City Limits
Sewer Collection System (current)
This map was created by theCity of BozemanDepartment of Planningand Community Development
¯
1 inch = 833 feet
Intended for Planning purposes onlysome layers may not line up properly.
Existing Sewer Mains
270